The US Justice Department is suing Uber for charging wait time fees for passengers with disabilities.
“Uber cannot penalize passengers with disabilities simply because they need more time to get into a car,” said US Assistant Attorney General Kristen Clarke in Wednesday’s announcement.
According to the Justice Department, the wait time fees violate the Americans with Disabilities Act (ADA), which bars private transportation companies from discriminating against the disabled. Since 2016, Uber has been charging the fees for all customers in certain locations. The fee can kick in once an Uber driver has already waited two minutes for the passenger. (For Uber Premier, it kicks in at five minutes.) The fee will then rise every minute until the trip starts.
According to federal officials, Uber has failed to “reasonably modify” the wait time policy for passengers with disabilities. This includes people who use a wheelchair or walker and need extra time to store the equipment inside the vehicle.
“The department’s lawsuit alleges that, even when Uber is aware that a passenger’s need for additional time is clearly disability-based, Uber starts charging a wait time fee at the two-minute mark,” the Justice Department claims.
In response, federal prosecutors filed a lawsuit in US District Court for the Northern District of California that’s demands the company stop the alleged discrimination and pay damages, including a civil penalty.
However, Uber denies that it’s in violation of the ADA. Instead, the company says it’s been waiving the wait time fees when a disabled passenger requests it. “It has been our policy to refund wait time fees for disabled riders whenever they alerted us that they were charged,” an Uber spokesperson says. “After a recent change last week, now any rider who certifies they are disabled will have fees automatically waived.”
According to Uber, a disabled rider can request for the wait time fee to be waived by reviewing a trip receipt on the Uber app and selecting “Review my fees and fares” and then tapping “Dispute my wait time fee.” They can also go to Uber’s website, and go to the “Help” page and select “Trip Issues and Refunds” and then click “Dispute my wait time fee.”
“Riders can now voluntarily certify that their disability impacts their ability to board a vehicle within the allotted time. Wait time fees will then automatically be waived for the riders who provide this certification,” the company adds. “There will also be a new Support page published today, with easy instructions that can be followed before any ride takes place.”
In addition, the company says passengers who request a wheelchair-accessible Uber or an Uber Assist trip never face any wait time fees by default. Uber’s spokesperson went on to say: “We recognize that many riders with disabilities depend on Uber for their transportation needs, which is why we had been in active discussions with the DOJ about how to address any concerns or confusion before this surprising and disappointing lawsuit.”
In the meantime, the Justice Department is calling on any disabled riders who paid wait time fees while using Uber to contact the agency.
